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Matheson v. Mente

147 N.Y.S. 1126 Court N.Y. App. Div. Decision date 1914-05-08 English

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p. 1126
MATHESON v. MENTE et al.
(Supreme Court, Appellate Division, Second Department.
May 8, 1914.)

Headnote

Action by Malcolm Ross Matheson, as substituted trustee, etc.~ of Richard J. Stainton, deceased, against Ottilie B. Mente and others.

Inasmuch as George J. Stainton, the younger, was not a party to this action, the judgment as entered at Special Term would be no legal bar against him or those claiming under him, and plainti~ would not be protected thereby by acquiescence in the same. The judgment should be modified, by providing for a foreclosure and. sala for the full amount due thereon, with interest and costs, and, as so modified, affirmed, without costs. See, also, 147 N. Y. Supp. 1126.